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tv   [untitled]    March 19, 2011 10:00am-10:30am PDT

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it is not any conduct that is being directed to patrol special officer roberto ortega. if this had been a sworn member of the department, the department would still have been insisted on the specifications filed as well as the negotiator disposition with regards to this case, and i think that when you have someone who wears the uniform, and does the nature of the work that assistant special patrol officer ortega does, the company feels strongly that you should not be in the company of known prostitutes, and that is one of the reasons why this case was filed, and i can tell you it went through many more reviews before it came across my desk, and so, as i stated before, in regards to specification number two, it should have probably been dismissed earlier and will be.
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at the conference that we had regarding this case. we do feel strongly that officer -- special officer ortega, his conduct in march 2010 did rise to an issue. president mazzucco: i am going to turn this over. normally, we deliver korea this in closed session. we do we deliver it in a closed session. this is a public talk -- normally, we deliver this in a closed session. i am one of seven commissioners, and i brought it to this point. if you of something else, go ahead. >> if i may just briefly respond, there are other documented cases from other law
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enforcement agencies where sworn peace officers have been engaged -- have been terminated for having relationships with known prostitutions -- prostitutes. similar conduct. it would be the kind duct -- conduct. president mazzucco: anyone else? commissioner slaughter? commissioner slaughter: i have concerns about punishing somebody for associating with somebody. somebody got into his car or went to a bar, would that be a basis for us for us to issue
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some sort of discipline? that is a huge concern to me, and i will just leave it at that if that is something we should do something about, but having somebody get into your car, no other offer to act, going to a bar, and i did not realize, commissioner hammer, i would just leave it at that. president mazzucco: commissioner chan? commissioner chan: thank you for your comments on this. it seems that we have other priorities in terms of concerns about disciplinary matters. whether or not someone associates with someone who is transgendered, might have a history of prostitution, does not mean that no one should ever interact with that person. that concerns me. that bothered me. it did not seem to be any conduct worthy of discipline and not to be the most tolerant way
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of dealing with these issues. the second one about going to diva's bar, i would move to ask that both specifications be dismissed. president mazzucco: in consideration, we will start with commissioner dejesus? commissioner dejesus: i had to say, i read it, and i kept looking for the activity that was violated. terminated for having known friendships with prostitutes, i am sorry. that is just a little bit too much for me, as well. transgendered. you're talking to someone, and they did in your car to go to a bar, i am sorry. i am not seeing a violation.
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president mazzucco: thank you. dr. marshall? vice president marshall: what led us to this in the first place? both parties agreed. it came before us, and i remember then -- to hear the matter, so how did we get to stipulated disposition? >> because it is 4:00 in the morning. he is in an area of known prostitution, known heavy traffic. .-- commissioner hammer: because of my role having to be impartial on the phone, i think it would not be fair having to take sides, and i could not have that role, so at that time, only part is to be neutral and have
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them talk, which they did. to have this body rule, to be honest, i always had a bad feeling about it, but it needed to come back to the commission. that is why we are here. >> i would like to answer. vice president marshall: please. >> procedurally, the only other way to get this to the commission is to go through an entire hearing. we are here to understand the time and the expense of doing that, versus the bird in the hands. the department was not in the position, not willing for the disposition. the only way he could have gotten here was for thousands of dollars to get here. maybe i should say this. it may be self evident.
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patrol special officer roberto ortega, i would welcome a motion to dismiss, but this is the only way to get here. vice president marshall: you are saying this is why you agree, basically? >> because we would have had to go through an expensive process. president mazzucco: commissioner chan? commissioner chan: i should amend my motion. i move to reject the stipulated disposition and then dismiss the case. president mazzucco: commissioner kingsley? commissioner kingsley: i would just like to comment, and i understand what my fellow commissioners are saying, particularly with the sensitivities that commissioner hammer has brought to our attention. the other part of this, in reading it, i can understand the attorney for the department
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pursuing specification number one are the distinctions that prostitution is in this city illegal. it is an illegal act, and the conduct that took place -- i believe there was a trip to the atm as well as to the bar as well as the history of the particular individual that was known to be -- to have a history of prostitution. it is the theories i think that leads to our concern, and not just the association with anybody with anybody else, somebody who wears a uniform with law-abiding conduct. -- who wears the uniform. the stipulated agreement was
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just an acknowledgment for a reprimand. i think in the course of everything that we have said tonight and going through this process that the process itself has probably addressed and adequately communicate the message -- communicated the message, so i will join with my fellow commissioners in voting in favor of commissioner chan's motion, but i wanted to explain the importance of the underlying message on specification number one. president mazzucco: thank you. dr. marshall. vice president marshall: i do not mind voting on what is on the agenda here, to accept or reject. my problem is we have hearings so you can hear all the evidence.
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this is a way to circumvent that process. i remember when we started, and i do not have the transcripts in front of me, my problem with it is the second one, because i would want to have the evidence. i cannot dismiss it on a quick read that way. peter a vote up or down to dismiss. we need either a vote up or down to dismiss. -- either a vote up or down to dismiss. president mazzucco: let me interject. procedurally, how can we go about this? deputy city attorney? >> yes, commissioner. the item is written fairly narrowly, so the only options are to accept or reject. there would be no way to move to
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dismiss the charges. president mazzucco: i obviously read that we can accept or reject, but as a board, we often have dispositions in front of us that are amended during the process of deliberation and with conference of both counsel, so a written reprimand, i would suggest the commission as a whole, that we, and they have to stipulate and agreed to it, the disposition would be -- and agreed -- and agree to it, the disposition would be -- >> if you would agree to it. president mazzucco: commissioner hammer, i am trying to get to a position where we can handle this procedurally correctly. commissioner hammer: when you are done, let me know.
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president mazzucco: commissioner hammer. commissioner hammer: the chief has spoken to repeatedly about not bringing to our dogged things that do not belong on our pocket. not bringing to our darkest -- the chief has reportedly asked -- the chief has spoken repeatedly about not bringing to our docket things that do not belong on our docket. >> i think the parties come if they agree to modify this, that the department. it i think the parties, if they agree to modify this, that the department -- i think the parties, if they agreed to modify this -- agree to modify
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this, the commission can ban except that. -- can then accept that. president mazzucco: are the amenable to amending this -- are the amenable? >> we are not agreeable to dismissing the charges -- are they amenable? >> we are not agreeable to dismissing the charges, but the chiefs could do that. -- the chief could do taht -- that. president mazzucco: mr. ortega? president mazzucco: madam city
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attorney -- >> if that is the agreed upon outcome, and you want this returned back to the chief, then we can do that. commissioner hammer: we can say that it puts it in a bad light, so do not do it again. that is the kind of talk that it may be. >> a verbal punishments, koran that is clearly in the spectrum. -- verbal punishments, that is clearly in this spectrum. commissioner hammer: we are not going to penalize someone for whom they associate, what, when, or why. a higher standard for our specialists. it shows them that judgment. the oral admonition that this
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commission be comfortable with. it is that judgment. but does this rise to the level of the commission charged? commissioner hammer: my recommendation would be to have it returned to the chief's level, unless commissionerthis o this level. the chief should have dealt with it and not sought to revoke his entire life in. -- appointment. we return it to the chief's level. >> we need to make sure that the parties have agreed to modify the stipulated position to have the matter returned from the commission level to the chief level. then the commission motion would
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be to accept the stipulated position. >> as modified. officer ortega? >> to approve the stipulated that position -- deposition. president mazzucco: thank you, commissioner hammer. line-item number four. >> reports and announcements. crime statistics and review of recent activities. >> i will give you a report that is current through march 12. we are finding that hard-line crimes are flat. a violent crime continues to trend down. we are down 11% from where we
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were in 2010. comparing the last four weeks, the violent crime is down 20%. overall, crimes are down 12%. 17 versus 9. rest still exceed year to date. the number of shooting victims is 41 this year vs. 47 last year. >> thank you. any questions. commissioner marshall: and do you know what the shooting the other night was about? do you have any early ideas about what that was? >> there has been a fair amount of speculation that it was getting involved, but it is still being investigated. commissioner marshall: not any
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real information you can share about what the motive might have been? >> it might come after the investigation. commissioner marshall: on my way home from the boy's club. >> i was going to ask you about that, too. so many kids and children, other people in the neighborhood. people want to go there. my son has class there. >> i am sure that he could echo what i said, there have been significant increase in patrols in the area to suppress any violent activity in those areas, with the plainclothes units. he has the other members of the
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police department to have a very high visibility to suppress any inclination. commissioner hammer: chief, and good evening, captain. we talked about city-wide rates. there are certain spots that suffers crime more. folks that live there. right now, the mission seems to be on fire. can you give the public an honest look about how violence is in the mission? >> captain? >> good evening, thank you for coming tonight.
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>> for the last couple of years, gang violence has pretty much been very subdued until last november we had a spike in gang violence for about a two-week period. six weeks ago, we started having a series of violent interactions that were clearly gang-related. we have had three weeks without a violent gang incidents. the shooting two nights ago, it is an easy conclusion to reach that it was gang retaliation, but we really don't have any information to corroborate that. four of the five victims' were not affiliated with a gang whatsoever. the fifth the victim might have been a gang associates, but he wasn't a hardcore gang-banger.
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as the chief said, we have tremendous police presence in the mission district. we have doubled assignments and scheduling so that we have the number of uniformed and plain- clothes officers saturating specific areas that are known for gangs to frequent. the shooting two nights ago was -- if it was gang-related, they might perceive that as an attack on them. we are in anticipation
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[unintelligible] there is the thought that one of these criminals might have come back and shot the place up. there is nothing to corroborate that. we are hoping that it was something personal as opposed to an increase in gang activity. we have been three weeks without any gang activity. the focus of the shooting was in front of the bar. an errant round went into the restaurant. >> do you know, numerically, the
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number of shootings in the mission? >> we had six homicides in the mission district. maybe one or two were gang related. domestic violence and that sort of thing. it was clearly gang connected. >> have you asked for additional resources for your district? >> i have not. my position is that the officers can make the district safe. the police administration has sent a gang task force, which is always welcome. several of the other units are also complimenting her the officers.
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>> are you short? we keep hearing officers leaving in shortfalls. >> commissioner, it is my responsibility to get the job done with the resources that we have. we will continue to do that. president mazzucco: any further questions for the chief? >> the last years that the department has had, the violence reduction, the fact that this year, we are still 11% last -- and behind last year, we can get those statistics free for next week. >> people should know that the numbers would be helpful. >> of the department received an
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actual word for the safe streets initiative because of the success we had in bringing down the violent crime rate. president mazzucco: please call line item 4b. >> the monthly comprehensive statistical report for january 1, 2011 to february 28, 2011. president mazzucco: welcome and good evening. >> good evening, president mazzucco, members of the public. i will discuss complaints and cased statistics. the city charter requires and that i provide a monthly case statistic and you have a copy of those in your packet.
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in february, the occ received 41 complaints and closed 75. we needed seven cases. -- mediated seven cases. as of today, the occ has opened 150 cases, closing 178. we are close in more than we are opening. we sustain the 10 cases and we have mediated 7% of the cases we've closed. 398 pending cases. that concludes my report. president mazzucco: any questions? commissioner kingsley: thank you for your report. i notice that 2010 had 149 cases open as of the first two months. and 2011 is down to 119.
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a pretty substantial percentage difference. any comment in terms of why that might be? >> it would be only speculation at this point, but that is correct. a 20% less cases filed. with the office of citizen complaints compared to the same two-month period last year. the cases last year were down from the cases in the prior year. also it should be noted the arrest rate last year was down 6%. there are many things to discuss it before -- not to discuss
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before. -- there are many things to discuss before. the outer reaches largely done -- outreach is largely done by the investigative staff. we are down the 12 investigators at this point in time because we have to that are out on long- term -- two that are out on long term leave. it could be greater satisfaction between the public and the police department. i can't verify that because i don't believe a survey has been done recently in terms of customer satisfaction. commissioner kingsley: thank you for your speculation. president mazzucco: other questions? let's move to line-item 4c. >> commissioner's reports.
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president mazzucco: just a small report. the commission has reached the decision, you met at about 6:00, the names we have already forwarded to ed lee. the report tonight is i want to thank the commission for their hard work. this time, we had a three large community meetings. we met with the officers. we talked to the latino community. we talked to anybody that would call us. there were a few hundred calls, maybe a few thousand. i spoke to the longest standing member of the police department that has been through 18 chiefs.

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